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A Treatise on the Law of Actions Relating to Real Property ...
Uten tilgangsbegrensning - 1840
abatement according afterwards alleged ancestor appear assignment assise bishop Booth bring brought cape cause claim clerk common common law count court covenant damages death default defendant demandant demise descent discontinuance disseisin disturbance dower Dyer East edit enter entitled error essoign evidence execution formedon given grand grant heir held hold husband Inst issue join judgment jury land latter lease lessee lessor lies Litt lord maintain nature necessary particular party person plaintiff plea plead possession pray premises presentation purchase quare impedit quod Rast real actions received recover recovery release remainder rent reversion Saund seems seised seisin sheriff shew statute stranger sufficient summons taken tenant tenant in tail term Thel vouch voucher warranty waste wife writ of entry writ of right
Side 536 - ... is depending, by affidavit, or be proved upon the trial in case the defendant appears, that half a year's rent was due before the said declaration was served, and that no sufficient distress was to be found on the demised premises, countervailing the arrears then due, and that the lessor or lessors in ejectment had power to re-enter...
Side 590 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Side 404 - Defendants, in an Action on the Case, for the Use and Occupation of what was so held or enjoyed ; and if in Evidence on the Trial of such Action any Parol Demise or any Agreement (not being by Deed) whereon a certain Rent was reserved shall appear, the Plaintiff in such Action shall not therefor be nonsuited, but may make use thereof as an Evidence of the Quantum of the Damages to be recovered.
Side 536 - ... or equity, other than by writ of error for reversal of such judgment, in case the same shall be erroneous; and the said landlord or lessor shall from thenceforth hold the said demised premises discharged from such lease...
Side 617 - ... such court, shall be deemed and taken to be in full satisfaction and discharge of such mortgage, and the court shall and may discharge every such mortgagor or defendant of and from the same accordingly...
Side 689 - Defendants shall be admitted to plead a Disclaimer, and that the Trespass was by Negligence or Involuntary, and a Tender or Offer of sufficient Amends for such Trespass...
Side 535 - ... in ejectment shall stand in the place and stead of a demand and re-entry ; and, in case of judgment against the casual ejector, or nonsuit for not confessing lease, entry, and ouster...
Side 435 - When the covenant extends to a thing in esse, parcel of the demise, the thing to be done by force of the covenant is quodammodo annexed and appurtenant to the thing demised, and shall go with the land, and shall bind the assignee although he be not bound by express words...
Side 14 - ... so as such person and persons, or his or their heir and heirs, shall within ten years next after his and their full age, discoverture, coming of sound mind, enlargement out of prison, or coming into this realm, or death, take benefit of and sue forth the same, and at no time after the said ten years, III.
Side 535 - In all cases between landlord and tenant, as often as it shall happen that one half year's rent shall be in arrear, and the landlord or lessor, to whom the same is due, hath right by law to re-enter for the non-payment thereof, such landlord or lessor shall and may, without any formal demand or reentry, serve a writ in ejectment for the recovery of the demised premises...